Fishing report site calls on anglers to boycott towns, including Kitimat, that don’t stand against Enbridge

The Pacific Northwest Fishing Reports website is calling on anglers to boycott all communities, including Kitimat that haven’t taken an official stand opposing the Enbridge Northern Gateway pipeline.

The site run by someone called “Old Jake” covers DFO Region 6 and Region 7a “in an effort to give sport fishing enthusiasts more options when it comes to our wonderful sport.”

Its about page says:

What makes this website unique is that it is not run by professional fishing guides or anyone who profits directly from fishing, we are local sports fishing enthusiasts here simply because we love the sport. Why is this important to you? Because we don’t have to make a sale on our fishing reports.

The boycott notice was first posted by “Old Jake” on March 31, but only came to wider attention in the past weekend when the link was widely circulated among the angling and guiding community  and by environmentalists on social media in northwest BC, some of it in reaction to the oil spill in Sundre, Alberta.

In the post, “Old Jake” says in the introduction:

[T]he deck is really stacked against our pristine lakes and rivers.

Support our boycott on all business in communities which are not willing to protect our environment in hopes of getting a financial handout from Enbridge. Let us send a clear message to communities who don’t respect our environment enough to protect it.

Please do not boycott small fishing businesses that reside outside of any community boundary, because they are as much a victim of those who support oil for greed.

The letter says, in part:

Greetings fellow sport fishing enthusiasts, I am writing this to all of you, all over the world because we desperately need your help on two major fronts, both could permanently extinguish fishing as we know it for our generation and that of our children’s and possibly much longer.

The first and foremost problem is the Enbridge Northern Gateway Project which the Prime Minister of Canada appears to be declaring a project that will go ahead regardless of the National Energy Board Hearings.

The second is Fish Farming, and its unregulated ability to hide scientific facts, its attacks on free speech and attempts to silence those who dare to speak out against them.

First Nations have done their part, they stood up and spoke, all against Enbridge and Alberta’s need to cash in on the horrific oil sands that are killing the Athabasca River, and sending this toxic mess into the Arctic Ocean….

Here is where we have a problem, the cities, towns and villages appear to want it both ways, they want your tourist dollar, and they also any dirty Oil Dollar they can get as well.

We need you; the people of the world to write to the majors of each community and ask them why tourists could come to a community that won’t protect its natural resources. Why should tourists come and spend their money if the leaders of these communities don’t take a stand in protecting our lakes and rivers from the worst threat ever in the history of British Columbia.

Ask these majors (sic probably means mayors) how many people will come to visit if we end up with a mess like they did on the Kalamazoo River.

 

Here is the list, where the author equates opposing Enbridge with supporting the environment

Prince Rupert – Supports our Environment (Visit this great community)
Terrace – Supports our Environment (Visit this great community)
Kitimat – Does not support our environment. (Boycott)
Kitwanga – Supports our Environment (Visit this great community)
Hazelton – Does not support our environment. (Boycott)
Kispiox – Supports our Environment (Visit this great community)
Moricetown – Supports our Environment (Visit this great community)
Smithers – Supports our Environment (Visit this great community)
Telkwa – Does not support our environment. (Boycott)
Houston – Does not support our environment. (Boycott)
Granisle – Does not support our environment. (Boycott)
Burns Lake – Does not support our environment. (Boycott)
Fraser Lake – Does not support our environment. (Boycott)
Vanderhoof – Does not support our environment. (Boycott)
Prince George – Does not support our environment. (Boycott)

Gitxsan lift Hazelton blockade to allow forensic audit of treaty office, repeat there is no deal with Enbridge on pipeline

A news release issued late this afternoon, June 11, 2012, by the Gitxsan Unity Movement says the group has lifted the blockade of the boarded up treaty office in Hazelton.

Gitxsan Unity says the group took down the blockade, remoiving the plywood and lumber blocking all access to allow an “enforced forensic audit” from Aboriginal Affairs and Northern Development (formerly Indian and Northern Affairs Canada) Special Investigations office. According the release, the Chief Audit and Evaluation Executive, Anne Scotton, from Departmental Audit and Evaluation Branch, arrived at the office, once known as Gitxsan Treaty Society, now called the Gitxsan Hereditary Chiefs Office, accompanied by two auditors from the Ottawa branch of Deloitte and Touche

Access to the office was negotiated in collaboration with the RCMP over the past two weeks. The release says GTS staff were permitted to enter the building to assist the auditors to locate material related to the forensic audit.

The release says

Scotton advised the auditors will be mirroring (copying) the hard drives of all the computers as well as scanning all the files and paperwork in the offices. They will also attend all the satellite offices and the off site accountants offices in Smithers to ensure they secure all the documentation for their investigations.

The release goes onto say the movement appreciates the help of Aboriginal Affairs and the RCMP “in securing all financial statements and material relative to the operations of the GTS. It will show accountability to the money received in the name of the Gitxsan people.”

it adds:

GUM remains open to and extends an invitation to the GTS Gimlitxwit to meet and settle unresolved issues pertaining to transparency and the return of authority and jurisdiction back to its’ rightful place, the Gitxsan Simgigyet and the Gitxsan Nation.

 

The release then goes to the heart of the issue  when on Dec. 2, 2011, Elmer Derrick signed an agreement with Enbridge for a stake in the Northern Gateway Pipeline. That agreement was repudiated by Gitxsan leaders the following day and the office blockaded that weekend. While there was a court injunction ordering an end to the blockade, negotiations continued for months for a peaceful end to the dispute.  Last week, on June 5, 2012, when Enbridge claimed it has the support of 60 per cent of First Nations along the route of the controversial pipeline, Enbridge repeated its contention that the agreement signed by Derrick is valid.

However the Gitxsan Unity Movement says:

TAKE NOTICE that the Gitxsan Treaty Society and terminated staff, Gordon Sebastian, Elmer Derrick and Beverley Clifton-Percival, are not authorized representatives of the Gitxsan people. Any act engaged in by this entity or individuals representing themselves as authorized representative is invalid and of no force and effect as against the Gitxsan people. Any Government, entity or individual who engages in negotiation or business transactions with GTS or terminated staff, do so at their own risk

GUM has moved a step closer, but also realizes the real work has just begun. Our goal is to bring harmony between the Gitxsan government and the values, law and will of the Gitxsan.

 

Latest on Alberta, Alaska oil spills, lots of pipeline and tanker controversy

Enbridge’s multi-million dollar ad campaign collides on the web with Alberta oil spill and fears about the water supply

As the people near Sundre, Alberta deal with an oil spill of up to 175,000 litres into the Red Deer River, there have been reports on Twitter all day of Enbridge’s pro-pipeline ads appearing alongside stories on the oil spill on news sites across Canada. For most of Saturday,  I didn’t see any Enbridge ads on the news pages I checked. Ad viewing is usually tied by algorithms to the specific viewer’s interests.

Tonight, an Enbridge ad did show up on my computer screen.  An unfortunate pairing of a CP story on Ipolitics.ca  that  drinking water will be trucked into the affected communities. Alongside it the animated Enbridge ad promoting the Northern Gateway.

Enbridge ad accompanies a story on the Alberta oil spill

Water supply is a critical issue in the Enbridge debate, especially in Kitimat, BC, where the pipeline will cross the Kitimat River watershed and then follow the route of the Kitimat River to the planned terminal at the town’s waterfront. The environmental group Douglas Channel Watch says its studies show that a major rockfall or landslide could cut Kitimat’s water supply for up to four years, meaning the town would have to survive on bottled water for years.  Enbridge has said its studies and engineering will ensure the water supply is safe.

But it get’s worse.   I had written this story and went back to the original Ipolitics.ca story to double check the facts and the URL   The page had automatically refreshed and a new Enbridge ad appeared as a banner ad. In the right-hand box where the previous Enbridge had been a few moments before, there is now an advertisement  promoting the safety of fracking.

Enbridge banner ad on Alberta oil spill story

Advertisers want interested eyeballs and various cookies and tracking mechanisms mean that these days that ads appear either in a story that is tied to the industry, in this case, oil and gas, or  tied to the viewers’ web history.

In all the years I worked in television news, there were always protocols for pulling suddenly and unexpectedly inappropriate ads from a local, network or cable newscast  when there was “breaking news.”

It’s a lot harder to do that for a web ad, but it can be done. It may that with Enbridge spending millions of dollars on ads, management was reluctant to stop the campaign cold.  But ads can e pulled. The fact the ads are running on the second day of the spill raises again the question of Enbridge’s managerial competence. After all, the American Petroleum Institute, the lobby group for the American energy industry, immediately stopped all pro-drilling ads within hours of realizing that the BP spill in the Gulf of Mexico was a major incident.

(Note this site has no control over the Google ads which appear, which are even more than most ads, are tied to Google’s tracking of an individual’s viewing habits as well as the content of the story.  Major banner ads, like Enbridge’s, however, are usually booked through web ad agencies and can be pulled by clicking a mouse.)

And yes, when I checked the facts on the ad campaign, finding a story from May 30, in the Calgary Herald, the Enbridge ad was there as well.

In the story, picked up from the Vancouver Sun,  Enbridge spokesman Paul Stanway was quoted:

“You are going to see a much higher visibility for Enbridge over the next few days. In newspapers, in television and online,” said Paul Stanway, manager of Northern Gateway communications for Enbridge. “It’s become quite apparent that the debate has become a province wide issue.”

Calgary Herald web page with Enbridge ad

Note, due to those algorithms, if you click on the original pages, you may or may not see the Enbridge ads, just I didn’t see the ones earlier today that were linked to from Twitter.

Tony Clement’s statement that Joint Review Panels cover “irrelevant issues” angers Ontario First Nations

Last Monday, the government of Stephen Harper sent cabinet ministers across the country to counter that day’s anti-censorship Blackout Speakout campaign by talking up “responsible resource development.”

That move now appears to be backfiring, at least in the case of Treasury Board minister Tony Clement, whose  reported remarks in Thunder Bay that Joint Review Panels allow “individuals to use the assessment to discuss irrelevant issues that delay projects from mining to oil and gas that create jobs” have brought a swift and angry response from local First Nations.

Clement had come to Thunder Bay to promote what is called Ontario’s “Ring of Fire” an area of extensive mining exploration and development.

On a local Thunder Bay news site, tbnewswatch, reporter Jamie Smith covered Clement’s speech at a company called Coastal Steel. Smith’s report says:

Current joint-panel review environmental assessments are duplicating the process and allowing individuals to use the assessment to discuss irrelevant issues that delay projects from mining to oil and gas that create jobs.

“Before you know it it’s going to take a decade or more if the project is a viable project that we want to go ahead with it takes a decade or more to get to a stage where you can actually get it done. That’s inexcusable,” he said.

Those words are not in Clement’s speech as posted on his website. That speech simply repeats the current government line on resource development:

We need to ensure timely, efficient and effective project reviews. This will keep us competitive with other resource-producing nations.

We need a system that promotes business confidence and attracts investment while strengthening our world-class environmental standards.

Here’s what this new legislation will achieve:

• First, it will make project reviews more predictable and timely;
• Second, it will reduce duplication of project reviews;
• Third, this bill will strengthen environmental protection; and
• Fourth, it will enhance consultations with Aboriginal peoples.

To streamline and modernize our outdated regulatory system, we will take a whole-of-government approach. We want to put in place a new system of “one project, one review” that operates within a clearly defined time period…

The fact is, our new plan will strengthen environmental safeguards, including tanker and pipeline safety. And for the first time, it will provide enforcement of environmental assessment conditions under the Canadian Environmental Assessment Act. It will also strengthen pipeline inspections and introduce tough new monetary penalties for violations of National Energy Board conditions on new pipeline projects.

(So far, no one in the Harper government has been able to explain how it is “strengthening environmental safeguards, including tanker and pipelne safety” while severely cutting the staff and resources of Environment Canada, Fisheries and Oceans and the Canadian Coast Guard).

According to a second northwestern Ontario news site, netnewsledger, a number of local First Nations quickly expressed their anger at Clement’s remarks about the irrelevancy of a JRP.

Chief Roger Wesley of Constance Lake First Nation took aim at the Federal Government today saying Minister Clement’s comments in Thunder Bay this week signal a new and unfortunate turn in the Government’s relationship with First Nation Peoples.

“I am worried, but also saddened,” said Wesley….

“A Joint Review Panel EA would give time for appropriate consultation and a serious look at the impacts on the land, but also on our people. Impacts to our culture, our communities, our land and way of life are not irrelevant!” said Chief Wesley….

“And as far as First Nations not having a veto, legal precedents have already been set in this country that indicate the government must seek First Nation consent if there is the possibility of serious negative impact from development on our traditional lands. They clearly do not respect their own constitution. It is a sad and frightening day when the Canadian government makes such outrageous comments.

A second northwestern Ontario chief, Sonny Gagnon of Aroland First Nation is quoted as saying:

“When a federal minister states publicly that First Nation concerns are irrelevant, everyone in this country should be worried. Today it our rights, tomorrow it could be yours. Don’t get in the way of the Government’s resource development expansion or your rights will be deemed irrelevant.”

“Furthermore the Government is using some pretty creative accounting procedures if they believe they have provided our First Nations with the finances to respond to the Ring of Fire developments.

Tony Clement has just set our Treaty Relationship back 100 years to the time when railway expansion led to the displacement and brutal mistreatment of our people, leaving a legacy of suffering.”

Northwest Coast Energy News could not independently verify whether Clement departed from his prepared text or later told reporters that a Joint Review covers “irrelevant issues.” However, now with Ontario First Nations objecting to the reports of the speech, this controversy is yet another blow to the credibility of all Joint Reviews. including the Northern Gateway Joint Review which will be here in Kitimat in couple of weeks to hear oral comments.  In the past few weeks, the Northern Gateway Joint Review has cut short its scheduled oral comment hearings in several BC communities, because those who registered are not showing up.  Reports in local media across northwestern BC say that the dropouts believe the Enbridge pipeline is now a foregone conclusion and that commenting before the JRP will have no affect on the outcome.

According to Wikipedia, the Ring of Fire is an area in the James Bay lowlands where there is growing mineral exploration. In his speech, Clement said:

The development of the Ring of Fire in Northern Ontario holds the potential for billions in mineral wealth. Private sector estimates indicate that the chromite resources there could be worth as much as $50 billion. There are estimates for deposits of base metals and platinum-group metals worth as much as $10 billion. And there may also be deposits of gold, iron and other minerals in the region.

How many First Nations have signed with Enbridge? Oil spill latest and more cutbacks

Oil spill from pipeline goes into Red Deer river

Editorial: Harper wants to cut off funding for JRP intervenors. Conservatives allow hate speech, while curbing green speech.

The Conservative Party of Canada are sickening hypocrites on free speech.

Hate speech is OK. Green speech is not.

Hate speech is permitted, for it is “free speech.”  “Green speech,” on the other hand, is under constant attack from the Conservatives and their followers. While not subject to legal curbs (for now), we are seeing increasing pressure on those who advocate for the environment to shut up.

The Conservatives  today repealed sections of the human rights act concerning “hate speech” delivered by telephone and the Internet.  There was a free vote,  the Conservative MPs supported the repeal by 153 to 136.  It was a private members bill from Alberta Conservative MP Brian Storseth that repealed Section 13 of the human rights code, which covered with complaints regarding “the communication of hate messages by telephone or on the Internet.”

On the same day, in SunMedia, that Prime Minister Stephen Harper says his government will no longer fund any organization that comes before the Northern Gateway Joint Review opposing the pipeline.

According to Sunmedia story Taxpayer Funding Oil-Sands Activitists

The taxpayer tap pouring cash into the coffers of oilsands opponents could be turned off.

“If it’s the case that we’re spending on organizations that are doing things contrary to government policy, I think that is an inappropriate use of taxpayer money and we will look to eliminate it,” said Prime Minister Stephen Harper in Paris on Thursday.

Harper was responding to reports by Sun News Network that the Canadian Environmental Assessment Agency has showered more than $435,000 on groups participating in the review of the Northern Gateway pipeline proposal, that would connect Alberta’s oilsands to a tanker port in northern B.C.

So there we have it, a prime minister who heads a government elected by just 30 per cent of the Canadian electorate, who now decides who can afford to come before a public quasi-judicial body, the Northern Gateway Joint Review Panel. Support the government and the bitumen sands, fine, we’ll give you taxpayers’ dollars, even if you don’t need it. Oppose the government, and you do  it on your own dime.

Transnational energy companies have millions to spend to support their views on the oils sands, whether before the JRP or in a multi-million PR campaign. A poor community that could be devastated by an oil spill off the BC Coast doesn’t count.

In the age of the web, Facebook, Twitter and other social media, all speech is hard to control, as despotic governments around the world are finding.   Hate speech on the Internet is impossible to control.  All someone has to do is  have a server in a country like the United States, where the First Amendment permits it. Green speech will continue to be free on the Internet. The difference is that Conservatives are making every effort to make green speech ineffective in the political and public spheres in Canada.

The change in the Canadian hate law means little in a practical sense. So why did the Conservatives change the law?  Like their efforts to crush “green speech,”  repealing those hate speech clauses has absolutely nothing to do with free speech. The repeal is all about ideological control, the very opposite of free speech.

Behind this vote is the fact that conservatives have made it clear over the years that they despise human rights codes. Today’s act of repeal is nothing more than part the Conservatives  wide-ranging plan to incrementally, millimetre by millimetre, (probably through other private member’s bills) to dismantle all the progress that has been made in this country over the past 70 years.

The right wing media loves to promote the far out wacko cases of people who use the human rights law process, stories the right-wing repeats again and again. There have been wackos who use other legal procedures, including the civil courts and other judicial and quasi-judicial bodies. But the conservatives and their media allies only emphasize the wacko cases before a human rights tribunal.

Of course, the majority of comfortable (and most of whom are, as far as we know, white, male and straight) conservatives are never going to have to use a human rights tribunal to redress a grievance.  They were never beaten up on the school yard, never denied a job or housing.  Most of the people who go before human rights tribunals are on the margins of society.

At the same time, we see the ongoing campaign by conservatives to demonize “green speech,” speaking out for the environment. Conservatives, in politics and the media, are trying to curb the funding of foundations that support the environment, the government routinely calls environmentalists “radicals” and even “terrorists.” Now we have Harper saying, yet again, don’t you dare oppose government policy on the bitumen sands.

The right-wing media routinely heaps their scorn and yes, even hatred, for those who believe that life on this planet is threatened. Those right wing columnists will, of course, fight to death to protect their own free speech but most won’t even put in a single sentence of objection in their columns or reports about the conservative campaign against “green speech.”

Which brings us to the man, who while claiming to be a free speech advocate, is actually now the self-appointed head of Canada’s thought police, Ezra Levant of Ethical Oil. (Ethical Oil today triumphantly tweeted Harper’s statement  @EthicalOil Taxpayers funding anti-oilsands activists #EthicalOil #Cdnpoli… fb.me/V1AS7Tg2 )

Writing in the National Post, Jonathan Kay is full of praise for Levant:

a vigorous network of right-wing bloggers, led by Ezra Levant, began publicizing the worst abuses of human-rights mandarins…. In absolute numbers, the readership of their blogs was small at first. But their existence had the critical function of building up a sense of civil society among anti-speech-code activists, who gradually pulled the mainstream media along with them. In this sense, Mr. Levant deserves to be recognized as one of the most influential activists in modern Canadian history.

Influential activist, yes.  Free speech advocate? No. It is time the media stopped calling Levant a champion of free speech. He is not. Levant is a champion of causes he himself approves of,  especially the bitumen sands.  Free speech for anyone who opposes his agenda is subject at very least to attack and ridicule.

In his columns,  Levant advocated the curbing of the free speech of the thousands of  people of British Columbia who are defending their back yard from the energy industry. Levant is, of course, free to disagree with them, but don’t you dare oppose Ezra Levant or the bitumen sands,

Levant, rather than calling for more free speech in his columns, as his personal PR spin maintains,  advocated cutting off the people who live here in northwestern  British Columbia from the hearings of the Northern Gateway Joint Review panel, by saying too many people had signed up to testify.

Writing in SunMedia on December 10, 2011, Levant let off a broadside at the thousands of ordinary Canadians living and working along the route of the Northern Gateway pipeline who signed up to comment on the project, calling on Stephen Harper to fire chair Sheila Leggett for permitting too many people to speak at the hearings

[A]s of Friday, 4,453 people had typed in their names into Leggett’s website, signing up for the right to make a presentation.

[The JRP] allows anyone in the world — literally any person, any child, any foreign citizen — to simply type their name and address and get the right to testify before her panel.

It’s as trivial as clicking “like” on a Facebook page. That’s why Leggett needs another year. If another 40,000 people click on her website, will she delay things 10 years?

Skimming through the names is like reading petitions where wiseacres sign up as “I. P. Freely” or “John A. Macdonald.” Much of it is just junk, to jam up the system.

The website allows people to write a comment. Many of them are word-for-word replicas of each other. It’s a form letter campaign, arranged by professional environmental lobbyists. And it’s working. The only question is whether Leggett is naive, incompetent or biased against the pipeline.

Some of the forms have been faxed in. They helpfully have the fax signature stamp at the top of the page, showing which foreign-funded lobby group is working to gin up names. Like the Sierra Club, which received a $909,000 contract from the U.S. Tides Foundation and their Canadian affiliate to gin up opposition to the “tar sands.”

Those foreign billionaires are getting their money’s worth — they’ve managed to delay the hearings by a year before they’ve even started.

Levant was giving a completely inaccurate account of the Joint Review process. His column which echoes the ideological blindness of most his conservative columnist colleagues, speaks of foreign influence, repeating the big lie being propagated by the Conservative party,  started largely by blogger Vivian Krause, that there is an International California Conspiracy to undermine the Canadian energy industry.

Dealing with a pipeline coming through some of the most geologically unstable country on the planet is not “trivial.”  The threat of a major oil spill on the British Columbia coast is not “trivial.”

I’ve attended, listened to the remote webcast or read the transcripts of much of the hearings. None–none– of the testimony can remotely be considered: “Much of it is just junk, to jam up the system.”

A fair estimate would say that 95 per cent of people who registered to comment live along the pipeline route or the BC coast. At least a dozen or more letters of comment are posted on the JRP site every day, which means thousands since Levant wrote the diatribe,  and it is clear that they are written by individuals with valid concerns, and none in recent months are form letters. (I check them, I doubt if Levant does)

In that column, Levant goes on about JRP chair Sheila Leggett:

She’s Stephen Harper’s bureaucrat, but she’s taking direction from foreign meddlers. For “whatever time it takes.”

What a fool. No court would permit such a gong show. And Leggett has court-like powers.

Last month, when Barack Obama delayed the Keystone XL pipeline from the oilsands to the U.S., Harper was appalled.

But Leggett was appointed by Harper. And she just pulled an Obama on our own country.

Leggett must be fired. Her job is not to listen to everyone in the world with an Internet connection. It’s to make the best decision in Canada’s interest.

Her Oprah-style hearings are unacceptable, and Harper should make that clear by sacking her.

Leggett was not fired. In fact, over the past six months, she has had a difficult time confining testimony to the narrow rules of evidence that do not permit someone to actually say they oppose the pipeline.  An intervenor had to testify “from personal knowledge” or if First Nations “from traditional knowledge.” So no hearings came close to being “a gong show.”

There hasn’t been a single “foreign meddler” testify in the past six months (although some intervenors, including the energy companies themselves, use experts from outside Canada).

In a later column, on January 7, 2012, the weekend before the hearings began here in Kitimat, Levant again toed the conservative party line in Pipeline review hearings allowing foreign input is ridiculous — we don’t need another country’s permission. It’s all Canada, Levant again repeated his big lie.

Those who testified at the Kitamaat Village hearings in the following days were from the Haisla Nation as well as Douglas Channel Watch and the Kitimat Valley Naturalists (both groups consist of mainly retired Kitimat residents).  There wasn’t a foreign billionaire in sight. Same with the hearings in the days and weeks that followed, First Nations, fishers, hunters, guides, birders, and yes environmental groups. (How dare those BC NIMBYs get in the way of an Alberta pipeline and its manifest destiny?)

In today’s SunMedia article, Environment Canada cautioned:

A spokesman for Environment Minister Peter Kent tells QMI Agency while that funding is often legally required, Kent wants to make sure “common sense prevails” in how it’s awarded.

With its majority, it is likely the Conservatives will change the rules, just as they are by abolishing DFO fisheries protection for salmon spawning streams. Again bottom line, if you support the government and you are rich, you can testify.  If you are poor, even if you are “directly affected,” tough luck.

The sad fact is that Levant has won, for now, his fight against free speech in BC, probably without knowing it.

More and more people are dropping out of the Joint Review Panel process, hearings scheduled for days now last just a day or an afternoon. That’s because given the position of Stephen Harper, Joe Oliver and Peter Kent, that the pipeline is going ahead no matter what, many of these people  who signed up to comment now see no reason to testify for 10 minutes on a subject that is a foregone conclusion. Here in the northwest, where long distance travel is concerned, it takes time and money to make the effort of participate. Why testify, if the government is going to ignore the concerns of the people who live here?

No wonder Ethical Oil sent out the celebratory tweet this afternoon.

The Conservatives have won a major in battle in their war on free speech in this country by making it not worth their while for many ordinary citizens, those who don’t have deep pockets for research and lawyers, to speak on the Northern Gateway Pipeline, at least before the Joint Review Panel. Now Harper government wants to cut off funds for the poorer intervenors.  If that happens, more opponents will drop out of the proceedings.

Kay, in his attack on the hate law calls it a  “system of administrative law that potentially made de facto criminals out of anyone with politically incorrect views about women, gays, or racial and religious minority groups.”

The National Post’s conservative friends (in its own newsroom and both in and out of Parliament)  are now looking for ways to make “defacto criminals out of anyone with the politically incorrect” view that the Northern Gateway Pipeline is not a new version of the “national dream.” After all,  Stephen Harper’s statement today means “that doing things contrary to government policy” is now politically incorrect.

Of course, if the pipeline breaches along the Kitimat River and the town is without a drinking water system for up to four years (in the worst case scenario), it will be Kitimat’s nightmare, not Canada’s. (In Don Mills, columnists will still be able to drink Toronto’s water or, perhaps, run to the corner store for a Perrier.)  If a bitumen tanker hits the rocky coast and sinks in the deep  cold-water fjords, it will largely be BC’s nightmare, and the BC taxpayers’ nightmare, not Edmonton’s or Toronto’s. If a pipeline buried under nine metres of west coast snow in a remote valley has a small–undetectable by computer– breach  in the darkest days of January and  the ongoing oil leak isn’t discovered for weeks or months, by that time it might also be “politically incorrect” for anyone Canada to object. (Of course, people in the region will object and strongly).

The fact is that these small c and large C conservative campaigns  against hate laws in terms of “free speech” are nothing more than the rankest hypocrisy. What most (not all) conservatives want is free speech for their ideas and only those ideas, especially if they want to shout their own hatred of certain groups from the rooftops or on the world wide web, while at the same time, many conservatives have been trying to shut down anyone with opposing views.

To a conservative, the freedom of speech and the freedom of religion that still drives too many numbers of gay teenagers to suicide, is always protected free speech, no matter the body count.

On the hand, to the same conservatives, free speech in Canada doesn’t include protecting the environment of the only planet we live on, especially if a small portion of the funding that speech comes from California. In conservative Canada, free speech belongs to American (that is foreign) oil billionaires like the Koch brothers. To conservatives, free speech does not apply to local BC groups, coalitions of often left-wing environmentalists and  often conservative anglers and hunters, trying to protect wild salmon.

Where’s George Orwell when we need him? In the Canada of Stephen Harper, the National Post and Sunmedia,  homophobic hatred is protected, preserving the planet is not protected.  In Canada in 2012 (or I should I say 1984+), the only acceptable political speech is support for the bitumen sands and the pipeline projects.

And you wonder why the public has such contempt for majority of politicians and most of the media?

Related links:

Editorial: Just asking: why didn’t anyone object to the Americans at the NEB LNG hearings in Kitimat?

Joint Review media analysis Part one: Calgary Herald columnist advocates curbing free speech on the Northern Gateway Pipeline hearings

(Deborah Yedlin of the Calgary Herald was another columnist who advocated limiting the number of people appearing before the Joint Review Panel. Perhaps this is another case of free speech for Albertans, but not people in BC?)

 

Strong support for Joint Review questioning and final hearings in Kitimat, draft report says

The Northern Gateway Joint Review secretariat has issued a draft final report on the May 30 procedural conference concerning the final two phases of the hearings, questioning and final arguments. There was strong support from some participants, including Northern Gateway, for holding  portions of the questioning round and final arguments in Kitimat.

The JRP released the draft report on June 6, 2012. The JRP’s original plan for final hearings for questioning will take place in three locations Prince Rupert, BC, Prince George, BC and either Edmonton or Calgary, AB.

The JRP had argued that the three locations were centrally located, have adequate facilities and reasonable transportation access. The most contentious issue was that the plans bypassed Kitimat, which is to be the terminal for the Northern Gateway pipeline and the shipping point to send the diluted bitumen to Asia.

The Joint Review secretariat reports that eight participants wanted a hearing at Kitimat. According to the report, Northern Gateway suggested that the discreet issue of “shipping and navigation” could be moved to Kitimat, due to the local interest.  Northern Gateway told the JRP that they would have upwards of 10 to 20 witnesses on the issue of marine environment, as well as related support personnel and asked for a early scheduling decision because their “experts on this issue would be arriving from distant locations and need some timing certainty for their appearance.”

The JRP says the District of Kitimat agreed with Gateway and also suggested issues relating to the marine terminal component of the Project, potential impacts on aboriginal interests, environmental effects of the marine terminal and construction through the coastal mountains.

Cheryl Brown, of Douglas Channel Watch, suggested that issues relating to the “marine terminal site” could be added to this location.

According to the JRP report, the Haisla Nation recommended that hearings be held in the town and not Kitimaat village. Both the Haisla and District of Kitimat emphasized that there would be no logistical issues in terms of accommodation or transportation. “Both groups noted that many hearings have been held in the community in the past, without any problems,” the JRP report notes.

The Haisla noted that if there were no hearings in Kitimat, the nation would prefer that hearings on its issues be held in Vancouver.

The JRP said the majority of parties either took no issue with Prince Rupert or suggested an additional venue be added (such as Kitimat), but five participants questioned why Prince Rupert was considered as it is not directly along the proposed pipeline route.

Those interested in the Alberta hearings appeared to be evenly split over whether the hearings should be in Edmonton or Calgary.

In the conference, as it had in an written submission, Coastal First Nations suggested that Vancouver be added as a final hearing location with videoconferencing of the hearings to both Prince Rupert and Kitimat because of the number of counsel, witnesses and experts coming from, or flying through Vancouver.

The Wet’suwet’en Nation repeated that they would like to have hearings either in Burns Lake or Smithers if more hearing locations were added.

The Gitxaala suggested potentially having Gateway’s cross-examination in one location and cross-examination of intervenors in other locations more convenient to them (i.e. Gitxaala in Prince Rupert). Gateway opposed this idea, stating that if an issues based hearing is going to be adopted, it should be used in its entirety.

All of the participants in the conference agreed that a location be centrally located, have adequate facilities and reasonable transportation access. The JRP notes: “The Haisla in particular noted the centrality of Kitimat and the fact that all three Project components are contained in their territory. The Wet’suwet’en noted that it is important that its hereditary chiefs be able to witness the hearings.”

Most of the participants in the conference supported the use of technology and remote access during the final hearings. The report notes:

The Haisla raised some general concerns about the integrity of the evidence obtained and, for that reason, is of the view that parties who seek to have their witnesses participate remotely should first have to obtain the consent of those that would cross-examine the witness. The Haisla also agreed that procedures need to be implemented to ensure that the information is being provided by witnesses and not prompted by others.

According to the JRP report: “The use of video conferencing facilities was generally seen to be preferable to teleconference capability only. The Wet’suwet’en noted the importance of seeing those providing evidence.”

The Haisla and other parties argued that Aboriginal groups need a clear understanding of the Project before answering questions on potential impacts; questioning Gateway witnesses will assist with that. As such, issues of Aboriginal and treaty rights, the potential impacts of the Project on Aboriginal interests and consultation should be addressed last.

The Government of Canada agreed that it made sense to have issues relating to Aboriginal interests and consultation addressed after other technical issues. Gateway did not believe that these issues needed to be addressed all together at the end of the entire hearing. Rather, issues relating to Aboriginal and treaty rights and interests could be heard at the end of the coastal hearings (either in Prince Rupert or Kitimat). Issues relating to Aboriginal and treaty rights and interests could similarly be dealt with at the end of the Prince George hearings to address these issues for the pipeline component of the Project.

There was also discussion over the location of final arguments.

The JRP suggested that final arguments take place in Prince Rupert and either Edmonton or Calgary with mechanisms to allow parties to participate remotely.

Northern Gateway and ten other participant recommended that final arguments take place in Kitimat instead of Prince Rupert. One party suggested that final argument should take place entirely in one single location (Calgary or Edmonton) while again there was pretty well an even split between the two Alberta cities. Again, the Coastal First Nations suggested that Vancouver be added as a final hearing location with videoconferencing of the hearings to both Prince Rupert and Kitimat.

 

Participants

Northern Gateway Pipelines Inc. (Gateway or applicant)

Alberta Federation of Labour (AFL)

Alexander First Nation (AFN)

Cheryl Brown

Canadian Association of Petroleum Producers (CAPP)

Cenovus Energy Inc (Cenovus);

Nexen Inc (Nexen);

Suncor Energy Marketing Inc (Suncor) and Total E&P Canada Ltd (Total)

Coastal First Nations (CFN)

Communication Energy and Paperworkers Union (CEP Union)

Council of the Haida Nation (Haida)

District of Kitimat

East Prairie Metis Settlement (East Prairie)

Horse Lake First Nation (Horse Lake)

Enoch Cree Nation,

Ermineskin Cree Nation,

Samson Cree Nation

 Kelly Lake Cree Nation (Cree Nations)

Fort St. James Sustainability Group (FSJ)

Gitxaala Nation (Gitxaala)

Government of Alberta

Government of Canada

Haisla Nation (Haisla)

Living Oceans Society,

Raincoast Conservation Foundation and ForestEthics Advocacy (Coalition)

MEG Energy Corp. (MEG)

Northwest Institute for Bioregional Research (NWI)

Office of the Wet’suwet’en (Wet’suwet’en)

Province of British Columbia (BC)

Sherwood Park Fish & Game Association (Sherwood Park F&G Assn)

Swan River First Nation (Swan River)

Terry Vulcano

Josette Wier

   Panel Commission Draft Final Report Procedural Conference 30 May 2012  (pdf)

DFO report to JRP says Northern Gateway pipeline will cross “high-risk” streams but releases only two examples on Kitimat watershed

A Department of Fisheries and Oceans report filed Wednesday, June 6, 2012, with Joint Review Panel says the department has identified streams on the Northern Gateway Pipeline route that Enbridge identified as “low risk” but which DFO considers “high risk.” However, in the filing, DFO says it can’t release a comprehensive list of the high risk streams, preferring instead to give two examples on the Kitimat River watershed.

The DFO report comes at a time when the Conservative government is about to pass Bill C-38, which will severely cut back DFO’s monitoring of the majority of streams. It appears that the anonymous DFO officials who wrote the report acknowledge that they may soon have much less monitoring power because the report says:

Under the current regulatory regime, DFO will ensure that prior to any regulatory approvals, the appropriate mitigation measures to protect fish and fish habitat will be based on the final risk assessment rating that will be determined by DFO.

Note the phrase “under the current regulatory regime.”

The report also identifies possible threats to humpback whales from tanker traffic.

In the report, DFO notes that Northern Gateway’s “risk management framework” is based on DFO’s own Habitat Risk Management Framework, and DFO, notes “the approach appears to be suitable for most pipeline crossings.”

However, DFO further remarks that it has identified

some examples where crossings of important anadromous fish habitat have received a lower risk rating using Northern Gateway’s framework than DFO would have assigned. In addition, DFO has identified some instances where the proposed crossing method could be reconsidered to better reflect the risk rating.

In bureaucratic language, the Department says “DFO reviews impacts to fish and fish habitat and proposed mitigation measures through the lens of its legislative and policy framework” again a strong hint that the legislative and policy framework is about to change.

It goes on to say:

The appropriate approach to managing risks to fish and fish habitat is based on the risk categorization. For example, where high risks are anticipated DFO may prefer that the Proponent use a method that avoids or reduces the risk such as directional drilling beneath a watercourse to install the pipeline. If low risks are anticipated other methods such as open-cut trenching across the watercourse may be appropriate.

While DFO is “generally satisfied” with Northern Gateway’s proposed approach, it says “DFO has identified some crossings where we may categorize the risk higher than Northern Gateway’s assessment.”

DFO then gives Enbridge the benefit of the doubt because:

Northern Gateway continues to refine the pipeline route and we anticipate that assessment of risk will be an iterative process and, if the project is approved and moves to the regulatory permitting phase, DFO will continue to work with Northern Gateway to determine the appropriate method and mitigation for each watercourse crossing. In DFO’s view, Northern Gateway’s approach is flexible enough to be updated if new information becomes available.

DFO then says it

has not conducted a complete review of all proposed crossings, we are unable to submit a comprehensive list as requested; however, this work will continue and, should the project be approved, our review will continue into the regulatory permitting phase. While there may be differences in opinion regarding the risk categorization for some proposed watercourse crossings, DFO will continue to work with Northern Gateway to determine the appropriate risk rating and level of mitigation required.

Here is where DFO points to current, not future policy, when it says:

DFO is of the view that the risk posed by the project to fish and fish habitat can be managed through appropriate mitigation and compensation measures. Under the current regulatory regime, DFO will ensure that prior to any regulatory approvals, the appropriate mitigation measures to protect fish and fish habitat will be based on the final risk assessment rating that will be determined by DFO.

The report then gives two examples of high risk streams both in the Kitimat River watershed

 

Example 1) Tributary to the Kitimat River, KP 1158.4 (Rev R), Site 1269

Northern Gateway Rating: RMF: Low Risk

DFO Rating: RMF: Medium to High Risk

Rationale: This is a coastal coho salmon spawning stream that is quite short in length. It has several historic culverts in poor repair which are already impacting the reported run of approximately 100 spawning salmon. Works can be completed in the dry as this stream dries up during the summer. DFO is of the opinion that the risk rating is higher than that proposed by Northern Gateway due to the sensitivity of incubating eggs and juveniles of coho salmon to sediment and the importance of riparian vegetation for this type of habitat.

 

Example 2) Tributary to the Kitimat River, KP 1111.795 (Rev R), Site 1207

Northern Gateway Rating: RMF: Medium Low Risk

DFO Rating: RMF: Medium to High Risk

Rationale: In DFO’s view the risk rating for this watercourse is higher than that proposed by Northern Gateway because this stream is high value off-river rearing habitat for juvenile salmon such as coho salmon. This type of fish habitat is vulnerable to effects of sedimentation and loss of riparian vegetation.

 

Humpback Whales

The Joint Review Panel also asked DFO for a comment on the status of the humpback whale, especially in the shipping area in the Confined Channel Assessment Area Between Wright Sound and Caamaño Sound.

DFO responds

Four areas of critical habitat were proposed for humpback whales in coastal British Columbia in the Draft Recovery Strategy released in 2010, including the Confined Channel Assessment Area from Wright Sound to Caamaño Sound. However, humpback whales have recently been re-assessed by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) and were redesignated ‘Special Concern’ but remain ‘Threatened’ under the Species at Risk Act (SARA). A draft recovery strategy for the humpback whale has been prepared.
It is unclear if humpback whales are still protected as a Schedule 1 status species under the SARA and whether a recovery strategy has been finalized.

Fisheries and Oceans Canada Response to the JRPs IR Request  (pdf)